Some people are U.S. citizens from birth—or became citizens automatically as children—without going through naturalization. Acquisition and derivation of citizenship through parents follows complex rules that have changed over time. Understanding these rules helps you determine if you may already be a citizen.
Acquisition vs. Derivation
Acquisition applies when you acquire citizenship at birth through your parents—either born abroad to U.S. citizen parents or born in the U.S. (automatic citizenship regardless of parents' status).
Derivation applies when you become a citizen automatically after birth because your parents naturalized while you were a child.
Citizenship at Birth: Born in the U.S.
The 14th Amendment grants citizenship to anyone born in the United States (with very limited exceptions). If you were born in the U.S., you're a citizen regardless of your parents' immigration status.
Territories count too—birth in Puerto Rico, Guam, U.S. Virgin Islands, and Northern Mariana Islands also grants citizenship.
Citizenship at Birth: Born Abroad to Two U.S. Citizen Parents
If both parents were U.S. citizens when you were born abroad, you acquired citizenship at birth if at least one parent resided in the U.S. or its possessions before your birth. No minimum duration of residence is required—just some residence.
Citizenship at Birth: Born Abroad to One U.S. Citizen Parent
If only one parent was a U.S. citizen, the rules are more complex and depend on when you were born. Laws have changed multiple times.
For births after November 14, 1986: The U.S. citizen parent must have been physically present in the U.S. for five years before your birth, with at least two years after age 14.
For births between December 24, 1952 and November 13, 1986: The citizen parent needed ten years of physical presence, with at least five after age 14.
Earlier periods have different rules—consult immigration resources or an attorney for your specific situation.
Out-of-Wedlock Children
Special rules apply to children born outside of marriage. Citizenship through citizen mothers was historically easier than through citizen fathers. For fathers, requirements typically include acknowledgment of paternity, a blood relationship, and specific residence requirements. Laws have varied over time.
Derivation: The Child Citizenship Act
The Child Citizenship Act of 2000 allows children to derive citizenship automatically when they have at least one U.S. citizen parent (by birth or naturalization), are under 18, are lawful permanent residents, and are residing in the U.S. in the citizen parent's custody.
All conditions must be met simultaneously. Children meeting these conditions became citizens automatically on February 27, 2001 (when the law took effect) or when conditions were first met, whichever is later.
Older Derivation Rules
Before the Child Citizenship Act, derivation rules were different and more complex. If you were under 18 before February 27, 2001, check the laws in effect during your childhood. Requirements varied regarding which parents had to naturalize and by when.
Documenting Your Citizenship
If you believe you're a citizen through parents, obtain documentation. Request a Certificate of Citizenship using Form N-600, or apply for a U.S. passport (which requires proving citizenship). Having documentation prevents problems later.
Why This Matters
People sometimes don't know they're citizens—especially those raised abroad by citizen parents or whose parents naturalized when they were children. If you are a citizen, you don't need to apply for naturalization and can't be deported.
Getting Legal Help
Citizenship through parents involves complex, changing laws. An immigration attorney can analyze your specific circumstances—when you were born, your parents' citizenship status, and applicable laws—to determine if you may be a citizen.